DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7013)

MONTY PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2018

Application for approval of the MONTY PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the MONTY PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by MONTY PRECAST PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Precast Panel Enterprise Agreement 2016 - 2018. The agreement sought to regulate the terms and conditions of employment for workers in the precast panel industry across Victoria. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues central to the decision involved assessing whether the agreement provided for a fair and efficient workplace, and whether it complied with the provisions of the Act, including provisions that ensure the agreement is free from any undue influence or coercion. The Commission also needed to consider whether the agreement provided for the resolution of disputes between the parties and adequately protected the rights of employees. The main focus was on whether the agreement allowed for the fair and efficient operation of the enterprise, while also providing for the fair and efficient resolution of workplace issues.

In rendering its decision, the Commission carefully examined the terms of the agreement, taking into account the submissions made by both parties. The Commission found that the agreement met the requirements of the Act, providing for a fair and efficient workplace. It concluded that the agreement provided for the fair and efficient resolution of workplace issues, and that it did not unduly influence or coerce any party. The Commission was satisfied that the agreement was consistent with the provisions of the Act and therefore approved the agreement.

Consequently, the Fair Work Commission approved the Precast Panel Enterprise Agreement 2016 - 2018 between MONTY PRECAST PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement is now a legally binding document governing the terms and conditions of employment for workers in the precast panel industry in Victoria for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established